Section R12-1-1204. Initiation of Administrative Hearings

A.      An administrative hearing shall be initiated by the Director or commenced in response to the request of any person directly affected by an order of the Director or a proposed licensing or registration action by the Agency.

B.       If the Director initiates an administrative hearing pursuant to R12-1-1220, the order may incorporate a notice of hearing; otherwise a notice of any hearing and the notice of violation shall be issued separately.

C.      For any hearing on a proposed licensing or registration action, only a notice of hearing shall be issued.

D.      A notice of hearing shall specify the time, place, and nature of the hearing and may include specification of the legal author- ity and jurisdiction under which the hearing is to be held; the particular sections of the statutes, rules, or license conditions involved; the amount of the penalty and other sanctions pro- posed, if appropriate; and a statement of matters asserted and issues involved.

E.       A hearing may be requested by filing a written request for hearing with the Director within the time limit specified in the pertinent order or notice. A request for hearing on a regulatory action not subject to public notice requirements may be filed at any time, provided that a request to reconsider a licensing or registration action shall be filed within 30 days of the issuance of the licensing or registration action.

1.        The request for a hearing to appeal an order shall identify the order which the person desires to appeal and include a statement reciting the matters asserted, issues involved, and the applicable statutes or rules. The Agency shall respond within 30 calendar days to the person and for- ward the request and response to the Chairperson of the Board.

2.        The request for a hearing to appeal a licensing or registra- tion action shall identify the action appealed. The Agency shall respond within 30 calendar days to the person and forward the request and response to the Chairperson of the Board.

3.        The request for hearing shall include a statement identify- ing the interest claimed to be affected by the action. If a statement is not provided or is clearly insufficient, the Chairperson may deny the request and notify the person of that action.

4.        If the request for hearing is denied for insufficiency, the requestor shall have five days from the notice of denial within which to file an amended request for hearing. The amended request shall refer back to the original request for hearing.

Historical Note

Adopted effective January 2, 1996 (Supp. 96-1).